BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                    AB 37|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 37
          Author:   Furutani (D), et al
          Amended:  7/8/09 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  8-0, 6/10/09
          AYES:  Romero, Huff, Alquist, Hancock, Liu, Maldonado,  
            Padilla, Simitian
          NO VOTE RECORDED:  Wyland
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  80-0, 5/4/09 - See last page for vote


           SUBJECT  :    Public postsecondary education:  honorary  
          degrees

           SOURCE  :     Author


           DIGEST  :    This bill requires the California State  
          University and the California Community Colleges, requests  
          the University of California, and urges independent  
          colleges and universities, to work with their respective  
          colleges and universities to confer honorary degrees upon  
          persons forced to leave a public postsecondary institution  
          as the result of the internment of the Japanese during  
          World War II.  

           ANALYSIS  :    Executive Order 9066, issued by President  
          Franklin D. Roosevelt on February 19, 1942, caused the  
                                                           CONTINUED





                                                                 AB 37
                                                                Page  
          2

          incarceration of approximately 120,000 Americans and  
          resident aliens of Japanese ancestry in camps throughout  
          the United States during World War II.  On August 10, 1988,  
          President Ronald Reagan signed into law the Civil Liberties  
          Act of 1988 apologizing for the internment of the Japanese  
          on behalf of the United States government and declaring  
          that Executive Order 9066 was carried out without adequate  
          security reasons and was motivated largely by racial  
          prejudice, wartime hysteria, and a failure of political  
          leadership.

          AB 781 (Lieber), Chapter 130, Statutes of 2003, authorized  
          a high school district, unified school district, or county  
          office of education, to retroactively grant a high school  
          diploma to a person who: 

          1. Did not receive a high school diploma due to internment  
             by order of the federal government during World War II. 

          2. Was enrolled in a high school operated by the school  
             district or under the jurisdiction of the county office  
             of education immediately preceding his/her internment. 

          3. Did not receive a high school diploma because the  
             pupil's education was interrupted due to his/her  
             internment.

          This bill: 

          1. Requires the Trustees of the California State University  
             (CSU) and the Board of Governors of the California  
             Community Colleges, and requests the Regents of the  
             University of California (UC) to work with their  
             respective colleges and universities to confer honorary  
             degrees upon persons forced to leave a public  
             postsecondary institution as the result of the  
             internment of the Japanese during World War II.  

          2. Authorizes a surviving next of kin, or representative  
             chosen by a surviving next of kin, to accept an honorary  
             degree conferred upon a deceased person on their behalf.  


          3. Urges compliance with these provisions by independent  







                                                                 AB 37
                                                                Page  
          3

             colleges and universities, as defined. 

          4. Requires to be implemented in a cost-effective manner by  
             incorporating, to the extent practicable, any ceremony  
             for the purpose of conferring honorary degrees with a  
             previously scheduled commencement or graduation  
             activity.

           Comments
           
          According to a 1949 study (Robert O'Brien,  The College  
          Nisei  ), 2,567 Japanese American students were enrolled in  
          higher education institutions in California at the time of  
          the internment order.  Of these, 729 were enrolled at UC,  
          221 at the CSU and 1,245 at the community colleges.

          The UC recently convened a joint Administration-Academic  
          Senate Task Force to consider, among other things, whether  
          any recognition of these students is appropriate, what  
          precedent such recognition might establish, and what  
          mechanisms are available to recognize such students.  The  
          Task Force made its recommendations to the Academic Council  
          in March 2009, and is awaiting action by the Academic  
          Senate.  According to the UC, the proposed policies to be  
          considered by the Regents and Academic Senate are in line  
          with this bill's provisions. 

          In May 2009, the CSU Academic Senate unanimously approved a  
          resolution strongly urging campuses to seek out and honor  
          alumni unable to complete their degrees as a result of  
          internment during World War II with an honorary degree,  
          ceremonies of acknowledgement and/or other appropriate  
          recognition.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  7/14/09)

          American Federation of State, County and Municipal  
          Employees
          Asian Americans for Civil Rights and Equality 
          Asian Pacific Islander Legal Outreach 
          California Community Colleges, Chancellor's Office 







                                                                 AB 37
                                                                Page  
          4

          California Federation of Teachers 
          California State Student Association 
          Community Works West 
          Faculty Association of California Community Colleges 
          Japanese American Citizens League, Diablo Valley Chapter,  
            Marin County Chapter, N. California-W. Nevada-Pacific  
            District, Pacific Southwest District, San Francisco  
            Chapter, San Mateo Chapter, Watsonville-Santa Cruz  
            Chapter
          Japanese American Cultural and Community Center 
          Japanese American National Museum 
          Japanese Community Youth Council 
          Japanese Cultural and Community Center of Northern  
          California 
          Lewis Kawahara, College of San Mateo 
          Long Beach City College 
          Marin Community College District, Board of Trustees 
          Nikkei for Civil Rights and Redress 
          Nisei Student Relocation Commemorative Fund, Inc. 
          Sikh Coalition 
          The Little Tokyo Service Center 
          University of California 
          University of California Student Association 
          Yu-Ai Kai Japanese American Community Senior Service 


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          a handful of California's higher education institutions  
          have awarded honorary degrees or otherwise recognized  
          Japanese Americans whose educations were interrupted  
          because of their incarceration during World War II.   
          Specifically, UC Berkeley in 1992, San Francisco State  
          University in 1998, Sierra College in 2007, and the  
          University of Southern California in 2008, have all  
          recognized these students in some form.  


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,  
            Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,  







                                                                 AB 37
                                                                Page  
          5

            Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,  
            Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,  
            Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.  
            Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, Bass


          DLW:mw  7/14/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****